The Constituent Assembly of India was partly elected and partly nominated body to frame the Constitution of India. It was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated by princely states. After India's independence from the British in August 1947, its members served as the nation's 'Provisional Parliament', as well as the Constituent Assembly. It was conceived and created by V. K. Krishna Menon, who first outlined its necessity in 1933 and enshrined it as an Indian National Congress demand.[1]
The Indian national congress held its session at Lucknow in April 1936 presided by Jawaharlal Nehru. The official demand for a Constituent Assembly was raised and the Government of India Act, 1935 was rejected as it was an imposition on the people of India. C. Rajagopalachari again voiced the demand for a Constituent Assembly on 15 November 1939 based on adult franchise, and was accepted by the British in August 1940.
On 8 August 1940, a statement was made by Viceroy Lord Linlithgow about the expansion of the Governor-General's Executive Council and the establishment of a War Advisory Council. This offer, known as the August Offer, included giving full weight to minority opinions and allowing Indians to draft their own constitution. Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent Assembly. The Constitution of India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May 1946. The members of the Constituent Assembly of India were elected by the Provincial Assemblies by a single, transferable-vote system of Proportional representation. The total membership of the Constituent Assembly was 389 of which 292 were representatives of the provinces, 93 represented the princely states and 4 were from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan.
Unlike previous elections under British raj where voting was restricted by property and educational qualifications,the elections of 1946, which would further elect representatives to the Constituent Assembly of India, saw the voting franchise extended to a much greater portion of the Indian adult population.[2][3][4]
The elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. Indian national congress won 208 seats (69%), and the Muslim League 73. After this election, the Muslim League refused to cooperate with the Congress and the political situation deteriorated. Hindu-Muslim riots began, and the Muslim League demanded a separate constituent assembly for Muslims in India. On 3 June 1947 Lord Mountbatten, the last British Governor-General of India, announced his intention to scrap the Cabinet Mission Plan; this culminated in the Indian Independence Act 1947 and the separate nations of India and Pakistan. The Indian Independence Act was passed on 18 July 1947 and, although it was earlier declared that India would become independent in June 1948, this event led to independence on 15 August 1947. The Constituent Assembly met for the first time on 9 December 1946, reassembling on 14 August 1947 as a sovereign body and successor to the British parliament's authority in India.
As a result of the partition, under the Mountbatten plan, a separate Constituent Assembly of Pakistan was established on 3 June 1947. The representatives of the areas incorporated into Pakistan ceased to be members of the Constituent Assembly of India. New elections were held for the West Punjab and East Bengal (which became part of Pakistan, although East Bengal later seceded to become Bangladesh); the membership of the Constituent Assembly of India was 299 after the reorganization, and it met on 31 December 1947. The constitution was drafted by 299 delegates from different castes, regions, religions, gender etc. These delegates sat over 114 days spread over 3 years (2 years 11 months and 18 days to be precise) and discussed what the constitution should contain and what laws should be included. The Drafting Committee of the Constitution was chaired by B. R. Ambedkar.
The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India (including the now-separate countries of Pakistan and Bangladesh). It existed for approx three years, the first parliament (Provisional Parliament) of India after independence in 1947. The Assembly was not elected based on complete universal adult suffrage, and Muslims and Sikhs received special representation as minorities. The Muslim League boycotted the Assembly, although 28 of its members out of 73 ended up joining India's Constituent Assembly. A large part of the Constituent Assembly was drawn from the Indian national congress Party (69%), and included a wide diversity of ideologies and opinions—from conservatives, progressives, Marxists, liberals and Hindu revivalists.
The Assembly met for the first time in New Delhi on 9 December 1946, and its last session was held on 24 January 1950.[5] The hope of the Assembly was expressed by Jawaharlal Nehru:
The first task of this Assembly is to free India through a new constitution, to feed the starving people, and to clothe the naked masses, and to give every Indian the fullest opportunity to develop himself according to his capacity. This is certainly a great task. Look at India today. We, are sitting here and there in despair in many places, and unrest in many cities. The atmosphere is surcharged with these quarrels and feuds which are called communal disturbances, and unfortunately we sometimes cannot avoid them. But at present the greatest and most important question in India is how to solve the problem of the poor and the starving. Wherever we turn, we are confronted with this problem. If we cannot solve this problem soon, all our paper constitutions will become useless and purposeless. Keeping this aspect in view, who could suggest to us to postpone and wait?
— Jawaharlal Nehru, Constituent Assembly Debates (Proceedings), Vol. II
India was still under British rule when the Constituent Assembly was established, following negotiations between Indian leaders and members of the 1946 Cabinet Mission to India from the United Kingdom. Provincial assembly elections were held in early 1946. Constituent Assembly members were elected indirectly by members of the newly elected provincial assemblies, and initially included representatives for those provinces that formed part of Pakistan (some of which are now in Bangladesh). The Constituent Assembly of India had 389 representatives, including fifteen women, and 299 representatives after August 1947[6]
The Interim Government of India was formed on 2 September 1946 from the newly elected Constituent Assembly. The Congress Party held a large majority in the Assembly (69% of the seats), and the Muslim League held nearly all the seats reserved in the Assembly for Muslims. There were also members of smaller parties, such as the Scheduled Caste Federation, the Communist Party of India and the Unionist Party.[citation needed]
After August 1947, the 299 Representatives of India became the Constituent Assembly of India and the Provisional Parliamnt of India, and the delegations from Sindh, East Bengal, Baluchistan, West Punjab and the North West Frontier Province withdrew to form the Constituent Assembly of Pakistan, meeting in Karachi. 28 out of 73 members members of the Muslim League joined the Indian Assembly, and 93 members were later nominated from the princely states.
At 11 AM on 9 December 1946, the Assembly began its first session, with 211 members attending. The Assembly approved the draft constitution on 26 November 1949. On 26 January 1950, the constitution took effect (commemorated as Republic Day), and the Constituent Assembly became the Provisional Parliament of India (continuing until after the first elections under the new constitution in 1952). 1951-52 Indian general election First Lok Sabha
Rajendra Prasad was elected as the president and Harendra Coomar Mookerjee, a Christian from Bengal and former vice-chancellor of Calcutta University, was vice-president. Mookerjee, additionally to chairing the assembly's Minorities Committee, was appointed governor of West Bengal after India became a republic. Jurist B. N. Rau was appointed constitutional adviser to the assembly; Rau prepared the original draft of the constitution and was later appointed a judge in the Permanent Court of International Justice in The Hague.
The assembly's work had five stages:
The Constituent Assembly appointed a total of 22 committees to deal with different tasks of constitution-making. Out of these, Eight were major committees and the others were minor committees.
Major Committees
The constitution, has been in recent times, due political differences, criticised on the basis that the members of the Constituent Assembly were not completely chosen by universal suffrage, but rather were elected by provincial assemblies. [citation needed] In his book The Constitution of India: Miracle, Surrender, Hope, Rajeev Dhavan tried to argue that the Indian people did not have much say in the making of the Constitution, which they had no choice but to accept.[10]
